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a brick is not a wall

Yesterday, the Honorable Judge Belvin Perry released his rulings with regards to a number of Defense motions in the State vs. Casey Anthony case. One motion was left out and posted either later last night or early this morning on the Clerk of the Court Web Page – which is a great resource, by the way.

I’m referring to the Defense motion concerning Cindy Anthony’s MySpace posting.  The Judge has denied the motion in limine, as expected.

READ:  Order Denying Motion in Limine to Prohibit the Use, in any fashion, of a posting on the Internet MySpace References Attributable to Cindy Anthony, Mother of the Defendant

In short, and to paraphrase what Judge Belvin Perry wrote, he said this evidence is not prejudicial; would not inflame the passions of the jury, and its prejudicial effect would not outweigh its probative value.  It is yet another link added to the growing chains around Casey Anthony’s ankles.

The Judge concludes that this posting by Casey Anthony’s mother, shows Casey’s actions/non-actions during the time when Caylee was “missing”.

In addition he writes:

In Professor McCormick’s famous formulation: “An item of evidence, being but a single link in the chain of proof, need not prove conclusively the proposition for which it is offered…. It is enough if the item could reasonably show that a fact is slightly more probable than it would appear without that evidence…. A brick is not a wall.

The phrase “a brick is not a wall” therefore, refers to an item of evidence being relevant to the whole, but is not the whole.

I’d venture to say the State has many relevant bricks.  The bricks are plentiful and they have been carefully selected, too.  When the State assembles their case, brick by brick, they will quickly become the four walls that imprison Casey Anthony.


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